Shoplifting Defense

Criminal Defense for Arrest or Citation for Shoplifting Charge in Maury County and Williamson County, Tennessee

Everybody knows that Shoplifting is stealing merchandise from a store. What many people don't realize is how serious the consequences of a Shoplifting Arrest can be, especially, depending on where you are arrested. A criminal defense attorney for a Shoplifting charge will first ask where you were arrested. Some stores such as Kohl's, Macy's, Belk, and others located at the Coolsprings Galleria Mall in Franklin, Williamson County, Tennessee use trained loss prevention officers to aggressively prosecute Shoplifting charges. Courts treat Shoplifting charges very differently depending on the county the theft occurred in. Williamson County, TN is one of the most strict court systems when it comes to Shoplifting charges. The prosecutors in Williamson County realize that the stores in Franklin, Brentwood and Spring Hill provide significant tax revenue and therefore, pursue jail time, community service, and long sentences for people who steal from our merchants.

The offense of Shoplifting is governed by Tennessee Code Annotated §39-14-146 and provides that:

Theft of property -- Conduct involving merchandise.

(a) For purposes of § 39-14-103, a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly commits any of the following acts:

(3) Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise;

(4) Transfers the merchandise from one (1) container to another; or

(5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise.

(b) In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under § 39-14-103.

How serious a crime Shoplifting is depends on the value of the goods that are alleged to have been taken or attempted to have been taken and can range from a Class A Misdemeanor to a serious Felony.

Now many stores including department stores, grocery stores, electronic stores, etc. have dedicated employees that are responsible for monitoring and observing customers to identify potential shoplifters, and these individuals are usually referred to as Loss Prevention Officers.Despite the name given to these officers, they are not law enforcement officers and do not have police powers other than to detain individuals in their store that are suspected of having shoplifted.It is important to know what your rights are when you are being questioned by these loss prevention officers or actual police officers.Most importantly, you have the right to remain silent and to not answer their questions because anything you say can and will be used against you.

Additionally, most stores now employ some type of video or camera surveillance that can be in varying levels of quality.During the holidays from before Thanksgiving to the first of the year is a peak time that merchants will attempt to increase security efforts to prevent theft as this is the time of year that shoplifting increases.

Whether you have been arrested or received a citation for shoplifting it is important to speak with an attorney that is experienced with the tactics used by law enforcement and merchants in order to prepare a successful defense strategy.Misty D. Parks has more than 6 years experience in defending people like you that have been charged with Shoplifting in the Middle Tennessee Area including Williamson, Maury, Davidson and Rutherford Counties. You may contact Ms. Parks by telephone at (615) 255-9155 or you may Click Here to leave a message through this website that will be promptly returned.

A conviction for Shoplifting can carry serious consequences in that many employers or potential employers will not hire someone with a theft conviction on their criminal record.This is why it is also important that you retain an attorney that is familiar with the psychology behind this crime as this can be pivotal in developing a successful strategy for defending your case in court and for ensuring that you receive diversion if you are eligible, so that you will not have a criminal record. Misty D. Parks has worked to successfully defend many clients that have been charged with Shoplifting and will work hard for you to achieve the best possible outcome. You may contact Ms. Parks at (615) 255-9155 for a free initial consultation or you may Click Here to leave a message through this website.

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